Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Occupational Safety and Health Convention, 1981 (No. 155) - Hungary (Ratification: 1994)

The Committee notes the Government’s detailed report including extensive information regarding relevant and current legislation giving effect to the Convention but that the Government did not, as requested by the Committee, transmit copies of relevant national legislation. The Committee reiterates its request to the Government to submit copies of the main pieces of legislation which give effect to the Convention or provide information on publicly available web-sites where this legislation can be consulted to enable the Committee to evaluate the application of the Convention in the country.

Article 3(b) of the Convention. Definition of the term “worker”. The Committee notes that in the context of the effect given to this article the Government refers to the definitions contained in section 87 of the Occupational Safety and Health (OSH) Act. The Committee notes, however, that the referenced section 87 does not include a definition of workers to cover all employed persons including public employees as required by this provision of the Convention. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect of this provision of the Convention.

Article 4(1). Formulation, implementation and periodical review of a national policy on occupational safety and health. The Committee notes that Government’s current report contains only references to legal provision calling for the adoption of a “national programme for the protection of health and working ability” and that no reference is made in this report to the national safety programme referred to in its previous report. With reference to the terms of this provision of the Convention the Committee recalls that the Government is called upon to formulate, implement and periodically review a national policy on occupational safety and health. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 4(2). The preventive aim of the national policy. With reference to the terms of this provision of the Convention the Committee notes that according to the Government’s report, sections 1–8 of Chapter I of Act No. 93 of 1993 concerning the OSH Act, contains no reference to the basic principle of prevention which is the central principle of the Convention and that subsection 1 of section 2 of the same act calls upon the Government to enact a national programme for the protection of health and working ability. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 11(a), (b), (e) and (f) of the Convention. Obligation of the competent authority to ensure the application of the national policy. The Committee notes that the Government yet again did not reply to its previous request in which it noted that several provisions of Act No. 93 of 1993 contain references to ordinances which should define detailed rules concerning certain functions provided for in this Article. The Committee reiterates its request to the Government to provide information, based on Act No. 93 of 1993 or newer legislation if such has been adopted, on measures taken or contemplated in order to carry out the functions of: (a) the determination of conditions governing the design, construction and layout of undertakings, the major alterations affecting them and changes in their purposes; (b) the determination of work processes and of substances and agents, the exposure to which is to be prohibited, limited or made subject to authorization or control by the competent authorities; (c) the production of annual statistics on occupational accidents and diseases; (e) the publication of information on measures taken in pursuance of the occupational safety and health policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work; and (f) the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the worker’s health.

Article 12. Measures to be taken by a designer, manufacturer, importer, or person who provides or transfers machinery, equipment or substances for occupational use. The Committee notes the reference made in the Government’s report to the adoption of Decree No. 16/2008 (VIII.30.) NFGM on the safety requirements and compliance certification of machines that came into force on 29 December 2009 which, according to the Government, complies with relevant EU legislation. As this text has not been made available to it the Committee requests the Government to transmit a copy thereof to the Office to enable the Committee to evaluate the application of this provision in the country.

Article 16. Employer’ responsibilities. The Committee notes the reference made to Decree No. 14/2004. (IV.19.) FMM on the minimal safety and health requirements for work tools and their utilization and to Decree No. 65/1999 (XII.22.) EüM on the minimal safety and health protection requirements regarding the utilization of individual protection tools by workers at the workplaces. The Committee notes that while the referenced legislation has not been made available to the Committee it appears it does not seem to regulate employer’s responsibilities for occupational safety and health matter which is the object of Article 16 of the Convention. The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Article 19(f). Protection of workers from undue consequences. The Committee notes that the report is silent as regards the application of Article 19(f). The Committee requests the Government to provide detailed information on measures taken, in law and in practice, to give full effect to this provision of the Convention.

Part V of the report form. Application in practice. The Committee notes the brief statistical information concerning occupational accidents for the years 2005 to 2010 (first quarter), which seems to indicate an uneven downward trend regarding the number of accidents reported and a steady downward trend in the number of fatalities. The Committee requests the Government to provide more ample statistical data, including more detailed analyses and reports from the labour inspectorate.